HomeMy WebLinkAbout024-1010-30-200 (2) ORDINANCE DECISION TREND ANALYSIS
Data Collection/Analysis Would Include:
Initial Data d A 4— 1610—
Computer/Property I.D. # OX4— 1 d I D '46—) w 1 ,2,
Owner's Name k� .. 46 (4 fi`-
Property Address '7D 14A'& 1[�C Z
Zoning District A2 AG RES COM IND U
Past Zoning A2 AG RES COM IND
Overlay District NONE SHOR/E�LAND WETLAND FLOOD/PLAIN RIVERWAY
Location -- Section, Town, Range, Lot
Acres
Request Date-
Disposition DENIED ROV WITHDRAWN POSTPONED Date l
Activity
Rezoning / Variance / Special Exception
Type of Variance/Special Exception `
ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORMING LOT SIZE
Ordinance Citation n ' 1 1 C a
Supporting Evidence Descriptio
PLOT MAP/PLAN SITE PLAN TOWN APPROVAL LTR CS OTOS MAP OI�TES
Hardship YES NO
Linked to Rezoning'n� YES NO
Conditions
EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE
ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL
Objections YES NO
Parcel #: 024-1010-30-200 01/2012011 10:21 AM
PAGE 1 OF 1
Alt. Parcel M 07.28.17.51 E 024-TOWN OF PLEASANT VALLEY
Current ❑X
ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-HEINBUCH, HERMAN R& DELORES C
HERMAN R&DELORES C HEINBUCH
1624 CTY RD Z
HAMMOND WI 54015
Districts: SC=School SP=Special Property Address(es): '=Primary
Type Dist# Description "455 CTY RD J
SC 2422 SCH D ST CROIX CENTRAL
SP 1700 WITC
Legal Description: Acres: 1.340 Plat: 3417-CSM 12-3417 024-98
SEC 7 T28N R17W SE NE BEING LOT 3 CSM Block/Condo Bldg: LOT 3
12/3417
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
07-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
03/03/1998 574232 1302/64 QC
07/2311997 1194/549 QC
2010 SUMMARY Bill M Fair Market Value: Assessed with:
87962 144,300
Valuations: Last Changed: 04/29/2009
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.340 14,800 144,600 159,400 NO
Totals for 2010:
General Property 1.340 14,800 144,600 159,400
Woodland 0.000 0 0
Totals for 2009:
General Property 1.340 14,800 144,600 159,400
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 024-1010-40-100 01/20/2011 10:20 AM
PAGE 1 OF 1
Alt. Parcel#: 07.28.17.51 C 024-TOWN OF PLEASANT VALLEY
Current EX ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
HERMAN R& DELORES C-TR HEINBUCH O-HEINBUCH, HERMAN R& DELORES C-TR
1624 CTY RD Z
HAMMOND WI 54015
Districts: SC =School SP=Special Property Address(es): =Primary
Type Dist# Description "453 CTY RD J
SC 2422 SCH D ST CROIX CENTRAL
SP 1700 WITC
Legal Description: Acres: 1.200 Plat: 2689-CSM 09-2689 018-1993
SEC 7 T28N R17W PT SW NE BEING LOT 2 OF Block/Condo Bldg:
CSM 9/2689 1.34 ACRES EXC PT TO HWY
PROJECT 95-J-1 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
07-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/23/1997 1192/209 WD
07/23/1997 1189/497 WD
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
87964 134,800
Valuations: Last Changed: 04/29/2009
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.200 13,700 135,200 148,900 NO
Totals for 2010:
General Property 1.200 13,700 135,200 148,900
Woodland 0.000 0 0
Totals for 2009:
General Property 1.200 13,700 135,200 148,900
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: 08/09/2007 Batch#: 07-13
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
I r loop p p ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
y"
NOTICE OF VIOLATION (715) 386-4680
November 21, 1996 NUMBER: 96-V-41
LOCATION: SE,NW-,, , Sec. 7, T. 28 N. ,
R. 17W. , Tn of Pleasant Valley
St. Croix Co. , WI.
453 County Road J
Herman Heinbuch
1624 County Road J
Hammond, WI 54015
Dear Mr. Heinbuch:
As required by the ST. CROIX COUNTY ZONING ORDINANCE, notice is
hereby given that you are in violation of Article 17 . 70 (3) (a) 1 of
the St. Croix County Zoning Ordinance.
The violation noted is the use of a structure as a two family
dwelling without obtaining required special exception permit. This
violation was first noted on November 18, 1996. If fines and/or
forfeitures become necessary to bring about the abatement of this
violation, they will be assessed as of that date in accordance with
Chapter 145. 12 (4) Wisconsin Statutes.
1996 . REQUIRED ACTION: See attached letter dated November 21,
Please contact this office if you require clarification of this
matter.
inc'ely,
mes K. Thompsoi
Assistant Zoning Administrator
cc: Town Clerk
file °7
ST. CROIX COUNTY
WISCONSIN
`L ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
--=- — — Hudson, WI 54016-7710
(715) 386-4680
November 21, 1996
Mr. Herman Heinbuch ` S
1624 Co. Rd.V
Hammond, WI 54015
RE: Zoning Violations #96-V-40 & 96-V-41
Dear Mr. Heinbuch:
Our office has been informed that you own the dwelling located at
X453 ,n,y Road J and that the structure is being used as a two
family residence. We were also informed that the residence
currently under construction at 455 is being constructed for the
same purpose. I visited these properties earlier this week to
assess that information and found that there is validity to the
complaint.
Inaccurate and misleading information was presented to this office
at the time of application for sanitary permit #268609, which was
represented as a three bedroom single family dwelling to be located
at 555 County Road J. Accordingly that permit as well as the
building permit which was subsequently issued by the Town of
Pleasant Valley are not valid. Please be advised that until the
proper permits are obtained all construction on this structure must
stop.
The St. Croix County Zoning Ordinance specifies that two family
residences are allowed only if a Special Exception Permit has been
obtained from the St. Croix County Board of Adjustments. As you do
not have these approvals for either structure, you have created
violations of Section 17 . 15 (6) (a) of the County Zoning Ordinance.
Enclosed is an official notice of violation.
These violations can be corrected in one of two ways:
1) Obtain sanitary and building permits for a single family
residence for the 553 property and convert that structure to a
single family residence and then completing the 555 structure as a
single family dwelling.
2) Attempt to obtain a Special Exception Permit for both
residences and new sanitary and building permits for the 555
structure.
We would appreciate any efforts you can make to resolve this matter
immediately. Enclosed is an application which can be used should
you decide to pursue the Special Exceptions. If you have any
questions regarding this matter, please call me at (715) 386-4680
and I will be happy to assist you.
incer ly,
mes K. Thompson
Assistant Zoning Administrator
cc: File
Town Clerk
enc. 96-V-40
� ST. WISCONSIN
COUNTY
ONSIN
SC
ZONING OFFICE
a r M P N p �__ ST. CROIX COUNTY GOVERNMENT CENTER
IN MOMS 1101 Carmichael Road
All Hudson, WI 54016-7710
_ ----- ---- (715) 386-4680
May 12, 1997 File Ref: 3-97
Herman R. Heinbuch
1624 County Road Z
Hammond, WI 54015
Re: Board of Adjustment Decision
Dear Mr. Heinbuch:
a
The St. Croix County Board of Adjustment has reviewed your request for a special
exception for two family dwellings and has approved this application with conditions. The
enclosed document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate in contacting me.
Sincerely, '
_ O
Cindy Sherman
Zoning Director
dl
Enclosure
cc: Verla Solberg, Clerk - Town of Pleasant Valley
Catherine Quiggle
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 3-97
Complete Application Received: December 31, 1996
Hearing Notice Publication: Weeks of April 6 and 13, 1998
Hearing Date: April 23, 1998
Remanded back to Board: Per Order dated March 27, 1998
Case No.: 97 CV 282
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and conducted an on-site
inspection, the Board finds the following facts:
1. The applicant is Herman Heinbuch, whose address is 1624 County Road Z, Hammond,
Wisconsin.
2. The applicant on December 31, 1996 filed with the Zoning Office an application for a
special exception request for two family dwellings.
3. Herman Heinbuch is the owner of the property which is the subject of the application and
is located in SW 1/4 of the NE 1/4 of Section 7, T28N-R1 7W, Town of Pleasant Valley,
St. Croix County, Wisconsin.
4. The subject property is presently zoned ag/residential.
5. This case came before the Board last year and a decision was made to deny the
application for two family dwellings. The decision was appealed and the Court has
remanded it back to the Board of Adjustment to be heard again as a new application.
6. The Town of Pleasant Valley strongly opposed the original application and the Board
relied on this opinion in making their decision. The court believes that the Town's opinion
was not valid enough for the application to be denied and those facts are not to be
entered into today's hearing.
7. The Town is still opposed to this application based on environmental issues, but the
Zoning Department does not feel that the Town has proven this to be enough to deny the
application.
8. The following exhibits were introduced:
Exhibit 1: Special Exception application dated December 31, 1996
Exhibit 2: Board of Adjustment Decision dated June 13, 1997
Exhibit 3: Minutes for the January 23 and May 22, 1997 Board of Adjustment
Meeting
Exhibit 4: copy of Court Order
Exhibit 5: Certified Survey map showing location of existing duplex
Exhibit f: Copy of soil test for 453 County Road J stating that it meets the standards
Exhibit 7: Copy of soil test showing replacement area available
Exhibit 8: Narrative from Bruce Webster relating to Exhibit 6 and 7
Exhibit 9: Copy of Certified Survey Map showing 455 County Road J property
Exhibit 10: Revised State approved copy of the mound design showing revision for 5
bedroom duplex
Exhibit 11: Copy of soil test for property at 455 County Road J
Exhibit 12: Letter to Herman Heinbuch dated March 12, 1998 from Edina Realty -
Read into record
Exhibit 13: Letters from neighbors or property supporting application
Exhibit 14: Staff report
Exhibit 15: Letter from Ed Vlack, Attorney for the Town of Pleasant Valley
Exhibit 16: Photograph of the duplex at 453 County Road J
Exhibit 17: Photograph of the duplex at 455 County Road J
Exhibit 18: Copy of water test date 3/18/98 from Commercial Testing Laboratory, Inc.
stating that the well water is safe.
Exhibit 19: A letter dated January 21, 1997 from Lisa Owens, renter in duplex,stating
that the duplex has always been well maintained.
Exhibit 20: Bills from the Town of Pleasant Valley on upgrading the driveway
Exhibit 21: Bill from Affolter Excavating on work done on the driveway.
9. Catherine Quiggle and Herman Heinbuch, being duly swom, stated that Quiggle is the
attorney for Heinbuch and Heinbuch is the applicant and owner of the property.
10. Quiggle stated that duplexes are allowed with a special exception in the ag/residential
district. She further stated that there is a 12 plex and 3 other duplexes in the area and
that the Heinbuch request for duplexes is consistent with the use in the area.
11. Both lots are on approved Certified Survey Maps. The 453 duplex is on 1 acre and the
455 duplex is on 1.375 acres. This is appropriate acreage as Pleasant Valley had not
adopted a more restrictive lot size than the county.
12. The driveway has been brought up to county and highway standards and has been
inspected.
13. There is no evidence that this application is contrary to public health, safety or general
welfare of surrounding homeowners.
14. The original septic systems were for single family dwellings. The septic system on the
first duplex has been brought up to standards and the second house will be upgraded to
a 5 bedroom home if the special exception permit is granted.
15. The well water has been tested and the results showed that the water is safe.
16. A letter from Edina Realty was entered as evidence that a well maintained duplex does
not affect property values.
2
17. Renee Heinbuch, being duly sworn, stated her address to be 1648 County Road C, and
she is a daughter-in-law of Heinbuch's. She is on the Pleasant Valley Land Use
Committee and has not see any opposition to multi-family homes in Pleasant Valley.
18. John Lyons, being duly swom, stated his address to be 449 County Road J, Hammond,
Wisconsin. His residence is south of the duplexes and he is very close to these
buildings. He has concerns about the value of his property, screening, and believes that
the property around the duplexes will not be kept up. Heinbuch stated that he has no
problem with putting up screening between the properties.
19. Greg Timmerman gave the Board his opinion saying that duplexes are a permitted use
in the ag/residential districtsubject to a special exception permit. He further stated that
the Board should not deny an application just because it is after the fact. The proper way
to handle an after the fact permit is to correct the problem and then move forward.
20. Timmerman stated that there is no basis for the concern that the Town has with regard
to the well.
21. Timmerman further stated that if the Board cannot find anything that is contrary to the
spirit and intent of the ordinance and there is no evidence that the application is contrary
to public health, safety or general welfare of surrounding homeowners, a special
exception should be granted.
22. Under Section 17.15(6)(a) an application may be made for a special exception for a Two
Family Dwelling in the Ag/Residential District.
23. The Board of Adjustment finds that this special exception application conforms with the
requirements for granting a special exception under Section 17.15(6)(a).
24. Special exception uses may be terminated as per 17.70 (7) (d) of the St. Croix County
Zoning Ordinance if the plan or the conditions of the decision are not followed.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board approves the applicant's request for a special exception for two family dwellings and has
been approved on the following vote:
J. Neumann Yes
D. King Yes
N. Golz Yes
Chairman Bradley Yes
with the following conditions:
1) Driveway to be up to county standards
2) Provide screening between Heinbuch property and Lyons property. Trees to be
4 feet to 5 feet in height.
3
3) Provide adequate parking space for renters
4) Well servicing homes to be according to state code and include back flow valves
5) Septic serving 453 residence to be replaced and upgraded to meet current code
requirements
6) The 455 duplex must be inspected by a building inspector during construction and
at completion of project. The cost for the building inspection will be the
responsibility of Mr. Heinbuch.
7) All required permits must be obtained.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
30 days after the filing date shown below, pursuant to sec. 59.694(l 0), Wisconsin Statutes. St.
Croix County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal period. St. Croix County does not certify that the identity of all persons
legally entitled to notice of the Board of Adjustment proceedings which resulted in this decision
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her
expense a transcript of the Board of Adjustment proceedings to the circuit court, which is
available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the
Board of Adjustment to submit its record (file) of this matter to the circuit court.
ZONI 'BEARD§F A J STMENT
Signed
Chairperson
Attest
Zoning Director
Dated: 05/13/98
Filed: 05/13/98
4
BOARD OF ADJUSTMENTS MEETING AND HEARING
MINUTES
April 23, 1998
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairman John Bradley at 8:30 a.m. A role call was made. Nick
Golz, Jerry Neumann, Dick King and John Bradley were present. Chairman Bradley believes this to be
a properly noticed meeting.
Staff included: Jim Thompson, Zoning Specialist, Debbie Lenzen, Administrative Secretary, and Cindy
Sherman, Zoning Director.
Motion by King, second by Golz to approve the agenda. Motion carried.
Motion by King, second by Neumann to approve the March minutes as written. Motion carried.
The Board set the next meeting date as May 28, 1998. The starting time will be dependent on the
number of applicants.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
It was noted by Chairman Bradley that Greg Timmerman, Corporation Counsel, will be available today
if needed.
Frank and Jane Bachman
Cindy Sherman informed the Board that she has had discussions about this with Greg Timmerman.
There is a Supreme Court case going on right now that could affect the Bachman case and they would
like to wait until the court case is over to continue on with Bachman. Sherman will keep the Board
updated.
Brooksbank/Paulson
Thompson informed the Board that this case is still in the Court of Appeals.
James Meyer
Thompson stated that by may 1 st, Meyer is to have something into the zoning office for rezoning or they
we will proceed with action to close his business.
Steve Wickenhauser
Thompson has been working with Corporation Counsel on ways to approach this case. He will keep
the Board informed.
Bruce and Patricia Schultz
Chairman Bradley asked about this application for a temporary occupancy issued in October and
wondered where the applicants were at on their project. Thompson explained that their extension will
expire in May. Golz stated that it looked to him like there was only one wall up.
OLD BUSINESS
There is no old business this month.
NEW BUSINESS
Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of
Adjustment meeting is conducted and introduced the Zoning Staff in attendance. It was noted that
article 1 and 11 have been canceled for today. Sherman read the public hearing notice as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 23, 1998
at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of
each site in question, after which the board will return for the purpose of deliberating and voting on the
appeals.
1. ARTICLE: * CANCELED *
17.15(6)(a) Two Family Dwellings in Ag/Residential District
17.15(6)(r) Golf Course and uses incidental to golf course
17.15(6)(t) Land disturbance activities on slopes of 20% or more
17.29(2)(c) Restrictions on Filling and Grading
APPELLANT: Preservation Development Corporation/ Dan Schaaf
LOCATION: Located in part of the W 1/2 of Section 30 and the W 1/2 of Section
31, T31 N-R19W, and the E 1/2 of Section 36, T31 N-R20W, Town
of St. Joseph
2. ARTICLE: 17.15(6)(a) Two Family Dwelling in Ag/Residential District
APPELLANT: Herman Heinbuch
LOCATION: Located in Part of the SE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4
of Section 7, T28N-R17W, Town of Pleasant Valley
3. ARTICLE: 17.64(1)(c)2 Variance to Class C Highway Setbacks
APPELLANT: Terry Zahl
LOCATION: Located in the NW 1/4 of the NE 1/4 of Section 17, T29N-R18W, Town of
Warren
4. ARTICLE: 17.155(6) Major Home Occupation in an Ag/Residential District
APPELLANT: Mark S. and Valerie I. Malzacher
LOCATION: Located in Lot 1 of the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4
all in Section 34, T30N-R19W, Town of St. Joseph
5. ARTICLE: 17.18(1)(a) Special Exception in a Commercial District
APPELLANT: Robert Colson/ James Schwalen
LOCATION: The SW 1/4 of the NW 1/4 of Section 34, T29N-R18W and the SE 1/4 of
the NE 1/4 of Section 33, T29N-R18W, all in the Town of Warren
6. ARTICLE: 17.29(2)(c)3. Restrictions on Filling and Grading
APPELLANT: Kevin Derrick
LOCATION: The NE 1/4 of the SE 1/4 of Section 23, T31N-R16W, Town of Cylon
7. ARTICLE: 17.29(2)(c)3. Restrictions on Filling and Grading
17.45(3) Regional Flood Fringe District
2
i
APPELLANT: Roger Humphrey
LOCATION: Located in part of the East 1/2 of the SW 1/4 and part of the North 1/2 of
the SE 1/4, all in Section 17, T31 N-R16W, Town of Cylon
8. ARTICLE: 17.36(5)(e) Variance to height requirements in the St. Croix River Valley
District
APPELLANT: Larry L. Wolf
LOCATION: Located in Government Lot 5, Section 12,T30N-R20W, Town of Somerset
9. ARTICLE: 226(89)E.3. Non-Metallic Mining and Reclamation
APPELLANT: Arthur Overgaard, A Division of Mathy Construction Co.
LOCATION: The SE 1/4 of the SW 1/4 of Section 33, T31N-R15W, Town of Forest
10. ARTICLE: 17.15(6)(g) Gravel Pit
APPELLANT: TAMMEC, LLC
LOCATION: Approximately 280 acres in the W 1/2 of Section 15, T30N-R18W and 40
acres in the SW 1/4 of the SW 1/4, Section 10, T30N-R18W, Town of
Richmond
11. ARTICLE: * CANCELED * 17.85(2)(b)2. Wireless Communication Tower
APPELLANT: NEXTEL Communications/ Steve and Margaret Derrick
LOCATION: Located in the SW 1/4 of the SW 1/4 of Section 14, T30N-R18W, Town of
Richmond
12. ARTICLE: 17.85(2)(b)2. Wireless Communication Tower
APPELLANT: Robert D. Wolf/ SBA, Inc./ John and Lorraine Merritt Trust
LOCATION: Located in the SE 1/4 of the NE 1/4 of Section 3, T28N-R17W, Town of
Rush River
All interested persons are invited to attend said hearing and be heard. Additional information may be
obtained from the office of the St. Croix County Zoning Director, Hudson,Wisconsin at(715) 386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
It was decided by the Board that due to the large amount of applications this month, the Board will hold
the public hearing today and reconvene on Monday to visit the sites and render decisions.
Herman Heinbuch
A ten minute recess was taken to review evidence presented at the opening of the hearing by the Town
of Pleasant Valley. This case came before the Board last year and a decision was made to deny the
application for 2 two family dwellings. The decision was appealed and the Court has remanded it back
to the Board of Adjustment to be re-heard. Chairman Bradley stated that he had removed himself from
the first decision as his daughter works for the same law firm as the Heinbuch's attorney, Catherine
Quiggle. After speaking with Corporation Counsel-, it was decided that Chairman Bradley could
participate in the hearing. His daughter is no longer involved in the case and Ms. Quiggle has no
objection to Chairman Bradley taking part in the hearing and decision making process. He also noted
that Dick King and Cindy Sherman were not part of the first decision that was made.
Thompson went over the situation with the Board and reiterated that the court has asked the Board of
Adjustment to hear this application again. He stated that the Town of Pleasant Valley strongly opposed
3
the original application and the Board relied on that position in making their decision. The court believes
that the Town's position was not valid enough for the application to be denied and those facts are not
to be entered into today's hearing. Thompson stated that the Town is still opposed to this application
based on environmental issues, but he does not feel that the Town has proven this to be enough to
deny the application.
The following exhibits were introduced:
Exhibit 1: Special Exception application dated December 31, 1996
Exhibit 2: Board of Adjustment Decision dated June 13, 1997
Exhibit 3: Minutes for the January 23 and May 22, 1997 Board of Adjustment Meeting
Exhibit 4: Copy of Court Order
Exhibit 5: Certified Survey map showing location of existing duplex
Exhibit 6: Copy of soil test for 453 County Road J stating that existing septic system meets ground
water separation requirements.
Exhibit 7: Copy of soil test showing replacement area available to serve 453
Exhibit 8: Narrative from Bruce Webster relating to Exhibit 6 and 7
Exhibit 9: Copy of Certified Survey Map showing 455 County Road J property
Exhibit 10: Copy of revised State approved mound design for 5 bedroom duplex
Exhibit 11: Copy of soil test for property at 455 County Road J that mound design was based upon.
Exhibit 12: Letter to Herman Heinbuch dated March 12, 1998 from Edina Realty- Read into record
Exhibit 13: Letters from neighbors supporting application
Exhibit 14: Staff report
Exhibit 15: Letter from Ed Vlack, Attorney for the Town of Pleasant Valley
Greg Timmerman, Corporation Counsel, joined the hearing at this time.
Catherine Quiggle and Herman Heinbuch, being duly swom, state that Quiggle is the attorney for
Heinbuch and Mr. Heinbuch is the applicant and owner of the property. Quiggle went over what is
allowed in the ag/residential district and stated that duplexes are allowed with a special exception. She
further stated that there is a 12 plex and 3 other duplexes in the area and that the Heinbuch request
for duplexes is consistent with the use in the area.
The following exhibits were introduced by Quiggle:
Exhibit 16: Photograph of the duplex at 453 County Road J
Exhibit 17: Photograph of the duplex at 455 County Road J
Both lots are on approved Certified Survey Maps. The 453 duplex is on 1 acre and the 455 duplex is
on 1.375 acres. Thompson stated that this is appropriate acreage as Pleasant Valley has not adopted
a more restrictive lot size than the county.
Quiggle went on to explain that the driveway has been brought up to county and highway standards and
that it has been inspected.
With regard to the statement from the town on this being contrary to public health, safety or general
welfare, Quiggle believes that this is not so..
Quiggle stated that the original septic systems were for single family dwellings. The septic system on
the first duplex (455) has been redesigned to code and the second duplex (453) will be upgraded to a
4
5 bedroom home if the special exception permit is granted.
I
Quiggle said that the well water has been tested and she presented a copy of the water test. Quiggle
said that according to state regulations, one well can serve 6 homes.
Exhibit 18: Copy of water test date 3/18/98 from Commercial Testing Laboratory, Inc. stating that the
well water is safe.
Quiggle referred to Exhibit 12, a letter from Edina Realty stating that a well maintained duplex does not
affect property values. She believes that Heinbuch will keep the area well maintained.
Entered as Exhibit 19: A letter dated January 21, 1997 from Lisa Owens, renter in duplex, stating that
the duplex has always been well maintained. -
Regarding the statement from the town on nuisance issues and noise, Quiggle referred to Exhibit 13,
letters from surrounding neighbors supporting the application. She stated that Heinbuch's have not
received any complaints regarding this. Quiggle further stated that she believes that Heinbuch's have
worked hard to meet the county ordinance standards.
Quiggle went over the conditions that the town would like placed on this application if it is approved.
She stated that she believes that these have all been taken care of. Neumann added that he would like
to see that the duplexes meet all state codes for interior plumbing and water supply.
Renee Heinbuch, being duly swom, states her address to be 1648 County Road C, and she is a
daughter-in-law of Heinbuch's. She is on the Pleasant Valley Land Use Committee and has not see any
opposition to multi-family homes in Pleasant Valley. She would like to see this duplex (455) finished.
John Lyons, being duly swom, states his address to be 449 County Road J, Hammond, Wisconsin. His
residence is south of the duplexes and he is very close to these buildings. He has concerns about the
value of his property, screening and believes that the property around the duplexes will not be kept up.
Heinbuch stated that he has no problem with putting up screening between the properties.
Quiggle entered the following exhibits:
Exhibit 20: Bills from the Town of Pleasant Valley on upgrading the driveway
Exhibit 21: Bill from Affolter Excavating on work done on the driveway.
Greg Timmerman gave the Board his opinion saying that duplexes are a permitted use in the
ag/residential district. He further stated that the Board should not deny an application just because it
is after the fact. The proper way to handle that is to correct the problem and then move forward.
With regard to the towns reference to ground water concerns,Timmerman believes that there is no basis
for this concern. He further stated that if the Board cannot find anything that is contrary to the spirit and
intent of the ordinance, or cannot find anything relating to nuisance or noise issues, they should grant
the special exception.
The Board will make a decision later today.
Recess taken at 10:15 a.m.
Reconvened at 10:25 a.m.
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Terry and Kathy Zahl
Thompson explained that this is a variance request to add a second story addition to a legal non-
conforming structure.
The following exhibits were entered:
Exhibit 1: Variance application
Exhibit 2: Copy of plot plan
Exhibit 3: Copy of photographs of the structure
Exhibit 4: Drawings of the view of the house from the north and south sides
Exhibit 5: Copy of existing floor plan and proposed changes
Exhibit 6; copy of proposed second floor plan
Exhibit 7: Letter from the Town of Warren approving the application
Exhibit 8: Staff report
Terry Zahl, being duly sworn, states that he is the owner of the property. The house is a 1 1/2 story
house and the walls of the second story are very slanted. The house needs a new roof and when they
replace the roof, they would like to extend the walls of the second story upward so that they have more
usable space for bedrooms. The side walls are now 2 feet high and he would like to extend them to
8 foot walls.
Introduced following exhibits
Exhibit 9: New floor plan for the second story addition
Exhibit 10: Site plan with setbacks
Exhibit 11: Cost estimate of proposed project - materials only
Exhibit 12: Four photographs of existing house
Zahl stated that he has owned the home for 6 years and would like to expand their home as they need
the space for their children. No one has been opposed to the addition. He will do the work himself with
the help of his father and father-in-law.
Kathy Zahl, being duly sworn, states that she is Terry's wife. She said that she is presently a working
mom and is pregnant with their second child and would like to stay home with their children. If they are
allowed to add this addition, their home will be big enough for everyone and they could afford for her
to stay home. If they need to go buy a bigger house, they would not be able to afford that.
The Board will visit the site today.
Mark and Valerie Malzacher
Thompson explained that this request is for a major home occupation in an ag/residential district.
Thompson said that the zoning office is recommending denial of the application as it does not meet the
zoning ordinance requirements and should more properly be handled as a commercial rezonement and
special exception to allow retail sales.
The following exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Supplemental information to special exception application
Exhibit 3: Copy of Certified Survey Map showing lot 1
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Exhibit 4: Newspaper advertisement for Malzacher business
Exhibit 5: Staff report
Exhibit 6: Letter from the Town of St. Joseph recommending approval with restrictions
Hugh Gwin and Mark and Valerie Malzacher, being duly sworn, state that Gwin is the attorney for
Malzachers and Malzachers are the applicants and owners of the property.
Gwin introduced the following exhibits:
Exhibit 7: Letter from Bader's, adjoining landowners of Malzachers, stating no objection to the
application.
Exhibit 8: Memo from Hugh Gwin dated 4/21/98 to the four adjoining property owners explaining
the Malzacher request.
Gwin explained that he has met with Cindy Sherman and Jim Thompson on this matter and Gwin does
not agree with their interpretation of the ordinance. He believes that this application complies with the
major home occupation ordinance. Malzacher is a licensed game farmer and also raises produce to
sell. In addition to this business, he restores and repairs antiques and resells them. Gwin does not look
at this as a commercial operation. The building is under 1,000 square feet and will not be a large scale
operation. He does not believe that parking will be an issue as the operation is away from the road.
The business is screened from the neighbors and the neighbors have no opposition to the business.
There will not be any employees. There was a discussion held on the difference between a commercial
and non-commercial operation. The sign on the property advertising the pheasant business can stay
and is in compliance with the ordinance
The Town of St. Joseph approved the application.
Sherman explained the Zoning Office's interpretation of the ordinance and believes that retail sales are
not permitted under a major home occupation. Malzacher may repair and refinish furniture for a
customer, but to re-sell as a business is not allowed.
Larry and Barbara Halverson, being duly sworn, state their address to be 1250 County Road I, Hudson,
Wisconsin. They live across from Malzachers and are in support of this application.
The Board will visit the site.
Robert Colson/ James Schwalen
This request is for a special exception in a commercial district to construct and operate a semi trailer
sales business.
The following exhibits were introduced:
Exhibit 1: Special exception application
Exhibit 2: Letter from James Schwalen to St. Croix County Zoning Office
Exhibit 3: Copy of survey map showing location of property
Exhibit 3A: Copy of 112 section map
Exhibit 4: Copy of zoning map showing commercial district
Exhibit 5: Copy of soil test for mound system
Exhibit 6: Operational Plan for Trailer Marketing, Inc.
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Exhibit 7: Copy of Site plan showing floor plan and elevations
Exhibit 8: Letter from the Town of Warren recommending approval of application with conditions
Exhibit 9: Staff report
Matt Hieb and Ward Ellingson, being duly sworn, state that Hieb is with Auth-Colson Associates and
Ellingson is the Manager of TMI. They are in the process of purchasing the property for this project.
Auth-Colson is the engineering company that did the layout for the project.
The Town of Warren has approved the application with conditions.
The plan for this project is to sell flat beds, drop decks, dump trailers and grain trailers. They will have
a repair service available, but do not anticipate a lot of activity in this area. The hours of operation can
be anytime between 6:30 a.m. and 7:00 p.m. There will be a maximum of 10 employees.
It was noted that Land Conservation will be involved in areas needed with regard to the pond for storm
water retention. The driveway for the property will be coming off of Highway 35. There is no opposition
to the business.
The following exhibits were introduced:
Exhibit 10: Photographs of similar facilities
Exhibit 11: Property layout and design
Recess taken at 12:10 p.m.
Reconvened at 12:30 p.m.
Kevin Derrick
This application is for a special exception permit to construct a driveway and residence in a shoreland
district.
The following exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Copy of site plan showing layout of property
Exhibit 3: Erosion Control Plan
Exhibit 4: Topographic map of the site
Exhibit 5: Letter from the Department of Natural Resources - read into the record
Exhibit 6: Letter from the Town of Cylon recommending approval
Exhibit 7: Staff report
Kevin Derrick, being duly sworn, states that he is the owner of the property. He wants to build a home
and will need to do some grading and filling to be able to put in the driveway and construct the home.
They will not be in the floodplain. This house will not be a walk out, but will have large windows in the
basement. It is approximately 80 feet from the Willow River. He owns 80 acres, but a big share of that
is in CRP and he believes that this is the best location for the home. Jim Thompson has reviewed this
site and zoning recommends approval of this application. The DNR does not have jurisdiction as the
grading will consist of less than 10,000 feet. Thompson suggested that a phased grading be done to
create a berm between the house and the river.
The Board will visit the site.
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Roger Humphrey
This request is for a special exception to conduct filling and grading in the floodplain district. The
applicant wants to place fill in the floodplain to construct a driveway.
The following exhibits were introduced:
Exhibit 1: Special exception application
Exhibit 2: Air photo of property and area to be filled in the floodplain
Exhibit 3: Hydrologic calculations
Exhibit 4: Willow River high water study
Exhibit 5: Staff report
Exhibit 6: Letter from Gary LePack, Floodplain Engineer for the DNR
Eunice Post, Gary Lepack and Thompson have visited the site. Thompson stated that Gary LePack
concurs with Humphrey's study and believes that the fill will not harem the floodplain.The actual building
site is not in the floodplain. It was noted that there are no requirements by the DNR on driveways and
that the fill is at the discretion of the Board and the property owner. It was stated that the County will
not be liable for any problems with the driveway in the case of flooding.
Roger Humphrey, being duly sworn, is with Humphrey Engineering and is representing Greg Stroh,
executor of the Beverly Thernell Estate.
The following exhibit was entered:
Exhibit 7: Letter from Gregory Stroh stating he is aware of this application
Humphrey stated that it has been recommended that they build the driveway up to 10 year flood
standards.
The Board will visit the site.
Larry Wolf
This request is for a variance to the 25 foot height requirement in the Riverway District to construct a
new home. Thompson explained that last month Wolf asked for a variance to the setback requirements
and that variance was denied. He now plans to build a home on the property and the planned home will
be 31 feet at the peak.
The following exhibits were introduced:
Exhibit 1: Variance application
Exhibit 2: Letter to the Zoning Office from Wolf
Exhibit 3: Copy of the blueprint of the house
Exhibit 4: Letter from Eunice Post, Department of Natural Resources - read into the record
Exhibit 5: Staff report
The Town of Somerset did not give a recommendation on the variance for the height, but it was part
of Wolfs presentation to the Board on the setback request. Thompson does not believe it is necessary
to go before the Town again.
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Thompson explained that the Zoning Office is attempting to amend the ordinance to allow a 35 foot
restriction on height to be consistent with the DNR and other agencies.
Larry Wolf, being duly sworn, states that tie is the applicant. He is in the process of obtaining this
property from his father-in-law, Karl Neumeier. It is approximately 3 acres. He did not appeal the
Decision for the setback request. The proposed structure was to be 31 feet in height, but in talking with
his builder, they have changed this to 30 feet, so he is asking for a 5 foot variance.
The following exhibit was introduced:
Exhibit 6: Drawings of the proposed home
Wolf went on to explain that since having to move the proposed structure, he is at a much steeper
slope, he believes about 11%. The structure will not be visible from the river in the summer. He stated
that he believes the 25 foot height restriction is too restrictive and does not conform with other regulatory
bodies, which are all 35 foot requirements.
Karl Neumeier, being duly sworn, states his address to be 281 6th Avenue, Somerset, Wisconsin and
he is the owner of the property. He has been in contact with the National Park Service and believes
they should be able to put this home up, as he was told that they could put a home in the same place
as the old one. The DNR told them that they could not. He supports what Wolf has planned.
Eunice Post, duly sworn, represents the Wisconsin Department of Natural Resources. She stated that
NR 118 does allow 35 foot high structures, but if the County is more restrictive, they need to follow that
law. Post also stated that she does not think that the slope that Wolf referred to is 11%. Post reiterated
that the DNR is opposed to this variance as they do not believe there is a hardship.
Wolf stated to the Board that he does not believe that in this case following the letter of the law meets
the intent of the law.
The Board will visit the site.
Recess taken at 2:10 p.m.
Reconvened at 2:20 p.m.
Arthur Overgaard, Mathy Construction
Thompson explained that this is a special exception application to re-open a nonmetallic mining site in
the Town of Forest.
The following exhibits were introduced:
Exhibit 1: Application for Special Exception
Exhibit 2: Packet of information explaining the reason for re-opening pit
Exhibit 3: Staff report
Perry Atterholt, being duly sworn, stated that he is with Mathy Construction and they would like a
renewal of the pervious permit for a sand and gravel operation. This operation will be used for state
and highway projects.
All of the information that the Board needs is in the packet labeled Exhibit 2. The hours of operation
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would be 6:00 a.m. to 10 p.m. for working hours, 7:00 a.m. to 5:00 p.m. for sales hours. This is a 20
acre parcel of land. The plan is the same as what was previously presented.
The Town of Forest has verbally stated their approval and will send a letter stating the same.
The Board will visit the site.
Tammec/ LLC
The ordinance has been changed to allow long range plans for gravel pits in St. Croix County and that
is what this application is for.
The following exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Letter from the Town of Richmond approving the application
Exhibit 3: Copy of Ordinance amendment to the Non-Metallic Mining Ordinance dealing with long
range plans for gravel pits - Thompson read into the record.
Perry Atterholt, Ron Garrison and Steve Becken, being duly sworn, state that they are all part of
TAMMEC and are all interested in seeing this long range plan approved. Chairman Bradley stated that
the proposal was excellently presented in their booklet that they submitted to the Board. Garrison stated
that there have not been any changes from the plan that they submitted earlier.
Atterholt explained that they have built the berm and gave a brief explanation as to what it looks like.
They will exhaust 20 acres at a time, closing one before opening another.
The Board will visit the site.
Robert D. Wolf/SBA, Inc./John and Lorraine Merritt Trust
Thompson informed the Board that this request is for a 300 foot guyed wireless tower in the Town of
Rush River. There is a tower in Hammond, but will not accommodate their needs. Thompson explained
that Zoning has not yet received input from Jeff Nelson, tower consultant for the County. He does not
see a problem with this tower request, but would like an opinion from Nelson.
The following exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Letter from Town of Rush River recommending approval of application with conditions
Exhibit 3: Pack of information addressing requirements of ordinance
Exhibit 4: Staff report
Bob Wolf and Nathan Ward, being duly sworn, state that Wolf is with SBA and Ward is the Project
Director. They explained that they would like to construct a 300 foot guyed tower along 1-94 in the Town
of Rush River. SBA does consulting services for towers. They have found that this area is an area that
needs towers. It will be able to accommodate 7 to 8 carriers They plan to put up towers and then
market these towers to get others to co-locate on them. This tower should be able to cover a 10 to 20
mile diameter, depending on the geography.
The tower will be able to handle 80 mile an hour winds and any ice build up. There will be an 8 foot
security chain link fence with electronic security also.
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The Board will visit the site.
The Board adjourned at 4:30 p.m. Will reconvene on Monday, May 27th to visit sites and render
Decisions.
The Board of Adjustment reconvened at 2:15 p.m. on Monday, May 27, 1998 to visit the sites and then
will render Decisions. Chairman Bradley called the meeting to order and believes this to be a properly
noticed meeting. A role call was made and Dick King, Nick Golz, Jerry Neumann and John Bradley were
present.
DECISIONS
Herman Heinbuch
Motion by Golz, second by King to approve the application with the following conditions:
1) Driveway to be up to county standards
2) Provide screening between Heinbuch property and Lyons property
3) Provide adequate parking space for renters
4) Well servicing homes to be according to state code and include back flow valves
5) Septic serving 453 resident to be upgraded to meet current code requirement
6) Building inspector to inspect home when completed
7) Special exception permit is contingent on receiving building permit from the Town
The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, no.
Motion carried.
Terry Zahl
Motion by Bradley, second by Golz to approve the variance request to the minimum setback requirement
for a Town road to add a second story addition onto their home.
The following vote was taken to approve: Golz, yes; King, yes; Neumann, yes; Chairman Bradley, yes.
Motion carried.
Mark and Valerie Malzacher
Motion by Neumann, second by Golz to deny applicant's request for a special exception for a major
home occupation as this request does not comply with the ordinance for retail sales.
The following vote was taken to deny: King, no; Neumann, yes; Golz, yes; Chairman Bradley, yes.
Motion carried.
James Schwalen/ Robert Colson
Motion by Golz, second by Bradley to approve the special exception for a semi trailer sales business
in a commercial district with the following conditions:
1) Hours of operation to be between 6:30 a.m. and 7:00 p.m.
2) Land and Water Conservation Department to be involved in issues relating to the pond
on the property
3) Applicants to comply with the Town of Warren recommendations dated March 9, 1998
4) Any signs that are used will be in accordance with what is allowed in the ordinance and
will be displayed on the building.
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The following vote was taken to approve: Neumann, yes; Golz, yes; King, yes, Chairman Bradley, yes.
Motion carried.
Kevin Derrick
Motion by Neumann, second by King to approve special exception application for filling and grading with
the following conditions:
1) Any tree cutting will be done according to the shoreland ordinance
2) Erosion control shall be implemented according to plan
The following vote was taken to approve: King, yes; Golz, yes; Neumann, yes, Chairman Bradley, yes.
Motion carried.
Roger Humphrey
Motion by King, second by Golz to approve the special exception application for filling and grading in
a flood fringe district with the following conditions:
1) Building site is to be out of the floodplain area
2) Any filling and grading done in the floodplain area for the driveway will be done according
to St. Croix County Shoreland Ordinance
3) Driveway to be constructed to minimum elevation of the 10 year flood event as
established by Humphrey Engineering
The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, yes.
Motion carried.
Larry Wolf
Motion by Golz, second by Neumann to approve the variance request to the 25 foot height restriction
in the St. Croix County Riverway District, because the intent of the Riverway Ordinance is being met.
The Board approved with the following condition:
1) The new structure may not exceed 30 feet in height from the lowest floor to peak of roof.
The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, no.
Motion carried.
Arthur Overaaard/ Mathy Construction Co
Motion by Bradley, second by King to approve the special exception application for Non-Metallic Mining
and Reclamation with the following conditions:
1) Operation will proceed as proposed by the plan.
2) The applicant must file with the Zoning Office a reclamation guarantee of$1,000.00 per
acre in the form of a bond, letter of credit or cash, to be deposited in an escrow account.
3) Approval is up to 20 acres.
The following vote was taken to approve: Golz, yes; Neumann, yes; King, yes; Chairman Bradley, yes.
Motion carried.
TAMMEC. LLC
Motion by Bradley, second by King to approve the special exception application for a long range plan
13
r
for a gravel pit with the following conditions:
1) Yearly inspection by the County to insure compliance of permit
2) Permit is for 20 acres to be opened at a time
3) Follow design layout as presented
The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, yes.
Motion carried.
Robert D. Wolf/ SBA, Inc./ John and Lorraine Merritt Trust
Motion by Bradley, second by Golz to approve the special exception application for a wireless
communication tower with the following conditions:
1) This permit is contingent on the approval of Jeff Nelson, wireless communications expert
for St. Croix County
2) The tower is to be constructed according to plans submitted.
3) The color of the tower is to be according to the Zoning Ordinance.
4) The Zoning Office is to be notified at the start and finish of the project.
5) Follow all requirements of Wireless Communications Facilities Ordinance
6) Approval from FAA where applicable
The following vote was taken to approve: King, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes.
Motion carried.
Meeting adjourned at 6:50 p.m.
Respectfully sub it d,
Ihn Bradley,
Acting Secretary/ Chairman
/dl
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